Employee/Worker Rights

[MaxPower]

Fire he mc

[Ted_v2]

lets say i work a 9 hour day,

start at 8 and finish 5. with a hour lunch

but i get paid for 8 hours.

does the company need to pay me for that lunch time? or how does that work.

[Rory Phoulorie]

lets say i work a 9 hour day,

start at 8 and finish 5. with a hour lunch

but i get paid for 8 hours.

does the company need to pay me for that lunch time? or how does that work.

The lunch hour is your time to do whatever you want. You don't get paid for the lunch hour unless you work through it (and with prior approval from your supervisor).

[hong kong phooey]

lets say i work a 9 hour day,

start at 8 and finish 5. with a hour lunch

but i get paid for 8 hours.

does the company need to pay me for that lunch time? or how does that work.

Do you get alternative fridays off , or half day on friday?
From what i know the work week is 40 hours any thing more than that is extra
But since i started planting garden i work when i want and take how long breaks i want.

[Ted_v2]

Thanks

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[Specialist Baboons]

Well I’m a specialist so let me put things into perspective.

1. He wasn’t in work on Friday and didn’t magically recuperate on Saturday and Sunday. He also missed Monday.

2. He’s required on a needs basis to work on weekends.

3. So that’s four working days.

4. Being absent from work after 3 consecutive days requires a sickleave to cover the days missed. As well as you’ll need a fit to work certificate from the doctor.

5. If the patient visited a doctor I don’t see what’s the problem in acquiring a sick leave. He paid his money for medical attention, all he needs to do is go back and explain that he needs a sick leave to cover the period.

6. Clearly if he still has back pain he isn’t fit for work.

7. Why is he taking antibiotics for his back???? Seems odd

[Chimera]

I believe he's taking antibiotics for something else and a side effect is the back pain. Some of those antibiotics does firetruck yuh up dred

[Specialist Baboons]

Hmmmm ok.
But he’s still not fit for work nah...

[Chimera]

I agree. He causing a burden on the company and other employees. Udfr with he

[Drea]

Secondly, if he went to the doctor before wasn't he going to pay? And the doctor didn't charge him, then lets hope the doctor issue the sick leave for free too... A sick leave can't cost more than a doctors visit.

This speaks volumes to how Trini's nowadays think.

First off Drea, a sick leave certificate is NOT something you pay for/buy. It is a medical practitioners written opinion of if they believe a patient's health or condition would improve with time off from work. If you see a dr & didn't get a s/l when you left & when you return to ask for it they say you have to pay for it, you didn't see a dr., you saw a hustler with a stethoscope.

OP, from a legal perspective theperson in question has to provide a sick leave. He failed to report for duty on 2 consecutive days that he was supposed to & claimed to be ill for a total of 4 consecutive days. if he fails to report for duty for a 3rd consecutive day that he is rostered to work, & does not provide a s/l his employer can terminate his employment because he would basically been deemed to have abandoned his employment, that is, unless he has a contractual agreement with them stating otherwise.
The fit to resume duty certificate is also necessary, to protect both the employee, his co-workers & the employer. If he has an incurable but manageable physiological condition that can be worsened by certain types of work, his employer would need to know this since his functions at his position could exacerbate his condition & possibly jeopardize his health further, or the lives/health of other employees, or, in a worst case scenario, the company itself could be held liable for any or all injuries that occur with him or as a result of his worsened condition causing a mishap that injures other workers.

Rule of thumb, don't get sick Fri n mon because u could find yourself losing 4 days sick leave easy easy...

Incorrect, sick leave is not calc consecutively with weekends if not required to work. Only the Fri and Mon would be deducted from allotment.

A dr. will write a s/lrecommending 6 days, effective from thursday the 11th to Tuesday the 16th. thats a total of 6 days, including wknd days of the 13th & 14th. If you leave out those 2 days & reapply them to weekdays of the next week, the employee would be taking a total 8 days as opposed to dr's orders for 6 days.
What happens in many companies is that they only deduct from the allotment the days the employee would have actually had to report to duty. This practice is usually maintained in order to show goodwill to the employees, & is usually done because those sick days that fall on the wknd where the employee would not have been required to work wouldn't have cost the company anything by way of salaried leave. But legally weekends are supposed to be deducted from any sick leave allotment available, once a certificate that includes those weekend days, & there's quite a few reasons why they are, one being the following...
2 weeks paid s/l is 14 days, inclusive of 4 weekend day. Now when you ignore those weekend days & reapply them to weekdays only you end up with a total of 18 days leave, meaning that's 4 additional days the employer is paying the employee for if they utilize them when they do not show up to work. Thats's more than required by law & in some ways promotes abuse of s/l. & this is exactly why sick leave is one of the most abused forms of paid leave in this country. Sad to say, employers unknowingly set the precedent, & some lazy employees ran with it.

First off you misunderstood my statement, i did not imply he had to pay for the sick leave but some doctors charge for the visit, the OP said the person had no $$ to go back to the doctor. My comment related to his initial post where he said the person went to the doctor but the doctor didnt charge him. When he first went to the doctor he would not have known the doctor would waive a visit fee which meant he would have been expecting to pay.

Secondly, my comment on how sick leave is calculated was related to the employers deduction of the employees allotted sick leave, if the doctor issues a sick leave for 4 days from Fri-Mon, then only 2 working days would be deducted from the employees sick leave bank. Since the OP mentioned the person would lose 4 days, I was correcting him. Read and comprehend.

[airuma]

At the end of the day, which is worse, loosing 2 days sick leave or your job!

[88sins]

First off you misunderstood my statement, i did not imply he had to pay for the sick leave but some doctors charge for the visit, the OP said the person had no $$ to go back to the doctor. My comment related to his initial post where he said the person went to the doctor but the doctor didnt charge him. When he first went to the doctor he would not have known the doctor would waive a visit fee which meant he would have been expecting to pay.

Secondly, my comment on how sick leave is calculated was related to the employers deduction of the employees allotted sick leave, if the doctor issues a sick leave for 4 days from Fri-Mon, then only 2 working days would be deducted from the employees sick leave bank. Since the OP mentioned the person would lose 4 days, I was correcting him. Read and comprehend.

Did you write the company HR s/l policy for where OP relative works? No. So you cannot say how much would be deducted from his annual paid sick leave allowance because, simply put, LEGALLY THEY ARE ACTUALLY SUPPOSED TO DEDUCT THE DAYS THAT FALL ON WEEKENDS FROM HIS ALLOTED SICK LEAVE, WHETHER HE'D BE WORKING OR NOT. You do not know if they work to the letter of the law, or adopted a mildly laissez faire system of sick leave administration, so for you to blatantly state that only 2 days would be deducted from his allotment is a very misleading & exceptionally mindless statement to make. If they deduct 4 days from him, you volunteering to pay the legal costs to fight the case in the industrial court? You gonna pay him for the 2 days s/l that they deducted? It all boils down to the individual company's HR policy, & once that policy operates within the parameters of established local precedents, that's the end of that.

Now, to address your atitdude.
Your suggestion to me was "Read and comprehend". I can appreciate that. & in return I offer you some free life changing advice, specifically...































































To help make the world a better place, if yuh eh kno what the hell you talking about, your go-to response should always be to say #absolutelynotoneblastedthing

[sdawkcab]

WOW! Didn't expect to see this thread reach where it is, but never the less...

Well I’m a specialist so let me put things into perspective.

1. He wasn’t in work on Friday and didn’t magically recuperate on Saturday and Sunday. He also missed Monday.

To clarify, he works shift, 5 days a week: Morning, Evening and Night (the shift changes each week, in that order). On a night shift (and ONLY on a night shift) the shift starts from Sunday night at 11pm, to 7am the next morning and continues like that for the entire week, until Thursday night (11pm), where he finishes Friday morning at 7am. Thursday night is the last day of work on his night shift, until Monday morning.

2. He’s required on a needs basis to work on weekends.

No - working weekends is not mandatory, UNLESS he is starting his night shift, where he comes in on Sunday at 11pm.

3. So that’s four working days.

5 days rostered to work (Sun - Thurs), but he only reported for 4 days (Sun - Weds).

4. Being absent from work after 3 consecutive days requires a sickleave to cover the days missed. As well as you’ll need a fit to work certificate from the doctor.

Generally, it's after 2 consecutive days missed. So, if someone misses 3 days consecutively, then a sick-leave and fit-for-work is required. And that is what's stated on his contract. Any more that 2 days of work missed, consecutively, requires a sick-leave.

5. If the patient visited a doctor I don’t see what’s the problem in acquiring a sick leave. He paid his money for medical attention, all he needs to do is go back and explain that he needs a sick leave to cover the period.

He visited the doctor on the Weds of his night shift, for what he believed was a UTI. Turns out, it was a UTI. The doctor gave him antibiotics. He started taking the antibiotics and it didn't agree with him. Thurs night, when he was supposed to work, he started having stomach cramps and diarrhea because of the antibiotics (which he didn't know was the cause at the time), so he called in sick. The diarrhea passed, but the nausea was still there. He's a touch guy; a little nausea is not going to stop him from doing anything. However, turns out another side effect he received was muscle aches, which started in his back. Saturday, it was bearable (his doctor is opened on Saturday). Again, he didn't think it was the antibiotics. He was unsure what was causing it, but on Sunday it became more severe. He does not rely on public health care, unless he has no choice. But, he's a tough guy, so he coped with it and decided to see his doctor about it on Monday (when his doctor reopens). Of course, on Monday, he'd have started back his morning shift. So, Sunday evening, he notified his supervisor that he'd be unable to report for duty on Monday morning (his supervisor made no mention of acquiring a sick leave). He saw the doctor on Monday and the doctor explained that it was because of the antibiotics and the infection. He prescribed two medications to help combat the effects of the antibiotics and said that it should feel better as the body rids itself of the infection. If it doesn't improve or gets worse, he should return. My nephew is 20 yrs old, and he's been seeing the same doctor since he was 8yrs old - friendships develop after that long, so the doctor didn't charge him. He left and returned home, and only later in the day he was called and told he had to bring a sick-leave and fit for work. By that time, his doctor was already closed for the day, so you can see the predicament?

6. Clearly if he still has back pain he isn’t fit for work.

He still gets it, but it's nowhere near as intense.

7. Why is he taking antibiotics for his back???? Seems odd

He's not, it's for a UTI.

[Dizzy28]

UTI??
RIP Shang........ errrrr Never Mind!!!!!!!!!

[sdawkcab]

I forgot to add; the issue has been resolved, and his doctor did in fact give him the sick-leave, and fit-for-work. However, I will say that practice is highly unfair to the worker. I understand that employer's don't want their workers abusing the system; fine. But a consequence of that, is that it's impractical and puts people into unnecessary expense. I can understand if he has to work on weekends; fine. But he doesn't have to. Theory is one thing, but practicality is something else entirely, and practically, it is unfair to the worker. Not everyone is a scamp and scoundrel.

But, Peter pays for Paul eh

[Dizzy28]

Having worked in more than a few places (public and private) I can confirm that in each one the SL policy was the same, where if you were absent on a Friday of one week and the Monday of the following week you were required to bring a sick leave for four days despite only taking 2 days off from work.

In each place they only took 2 days out of the employee's annual allotment (this varied from as low as 5 days SL in one place to 20 days in another) despite the sick leave certificate being for 4 days.

My guess would be that there is an industrial court judgement that lays out the need for the 4 days sick leave certificate from a medical practitioner as Sick Leave is only mentioned in the Minimum Wages Order and does not go into specifics about weekends etc. If you really are concerned that you feel a right has been trampled upon you can go down to the Industrial Court's library (free and open to the public)and research the judgements for yourself.
If you do find useful information maybe you can come back and edify us all.

[sdawkcab]

Having worked in more than a few places (public and private) I can confirm that in each one the SL policy was the same, where if you were absent on a Friday of one week and the Monday of the following week you were required to bring a sick leave for four days despite only taking 2 days off from work.

In each place they only took 2 days out of the employee's annual allotment (this varied from as low as 5 days SL in one place to 20 days in another) despite the sick leave certificate being for 4 days.

My guess would be that there is an industrial court judgement that lays out the need for the 4 days sick leave certificate from a medical practitioner as Sick Leave is only mentioned in the Minimum Wages Order and does not go into specifics about weekends etc. If you really are concerned that you feel a right has been trampled upon you can go down to the Industrial Court's library (free and open to the public)and research the judgements for yourself.
If you do find useful information maybe you can come back and edify us all.

I'll do that some time! I'll look up a few other things as well.

The fact is, the majority of employees do not know their rights. They're privy to their company's HR policy, but their legal rights they very rarely know or understand. And there are many companies that have policies that are actually illegal, and because their employees may not be unionised, they take full advantage of them. That's why I think a thread like this is important, although I don't see many people using it as a resource.

Do we have any lawyers here who are willing to contribute? This thread deals with work-related rights, but this can also apply to the general public; a lot of us know our rights for a very small, limited amount of things.

[Gem_in_i]

Hope he feels better. I took a tablet for a uti and i started vomiting within a couple of hrs. Stopped taking it and went back and was given a different tablet that had no such side effect.

[88sins]

I forgot to add; the issue has been resolved, and his doctor did in fact give him the sick-leave, and fit-for-work. However, I will say that practice is highly unfair to the worker. I understand that employer's don't want their workers abusing the system; fine. But a consequence of that, is that it's impractical and puts people into unnecessary expense. I can understand if he has to work on weekends; fine. But he doesn't have to. Theory is one thing, but practicality is something else entirely, and practically, it is unfair to the worker. Not everyone is a scamp and scoundrel.

But, Peter pays for Paul eh

Depends on how you look at it, & a whole lot of ppl look at it with a skewed idea that s/l is an entitlement when it's not. No one is entitled to s/l. Yu are allowed s/l, there is a huge difference & plety ppl don't get that. If ppl were entitled to s/l any unused leave would either be accrued & added to the next year or they'd be paid for it. We all know, this doesn't happen, & it not supposed to.

The thing is that in the eyes of the law, s/l policy is designed to be fair to both the employer & employee, so that neither should gain or lose from workers utilizing it. All employees regardless of their workdays or work hours or where they work must be treated with equal fairness. That's why it's treated with the way it is.

[xtech]

Hmmmm... just heard that Port workers PT Lisas stop work after hidden cameras placed by management to spy on them was accidentally found today in change rooms and break rooms.

[paid_influencer]

Hmmmm... just heard that Port workers PT Lisas stop work after hidden cameras placed by management to spy on them was accidentally found today in change rooms and break rooms.

the workers will be organized and be lead by a man who himself is under sexual assault charges

[88sins]

Hmmmm... just heard that Port workers PT Lisas stop work after hidden cameras placed by management to spy on them was accidentally found today in change rooms and break rooms.

cameras in break rooms is nothing to study, completely within reason to monitor who slacking in there while on duty.
in change rooms is a whole other law suit altogether

[A33_VQ35]

Sick leave is an abused system... Hands down nobody can dispute that. It has to be fair to both parties involved because if you're a business owner n your employee always call in sick then you are essentially paying him for work not done,while as as employee, you should like to be covered in case of actual sickness.

[A33_VQ35]

If as in the US you are not entitled to be paid for sick leave or breaks, then people will say that "unfair"

[Benfizz50]

In reference to this, if an employee stays at home Thursday and Friday, are they required to submit a sick leave and fit for work upon their return to duty as it hasn’t exceeded more than 2 days and if yes, how does company policy overrule government laws, as stated by the manager that he/she can request medical documentation even if it’s for 1 day.

[Benfizz50]

In reference to this, if an employee stays at home Thursday and Friday, are they required to submit a sick leave and fit for work upon their return to duty as it hasn’t exceeded more than 2 days and if yes, how does company policy overrule government laws, as stated by the manager that he/she can request medical documentation even if it’s for 1 day.

[zoom rader]

In reference to this, if an employee stays at home Thursday and Friday, are they required to submit a sick leave and fit for work upon their return to duty as it hasn’t exceeded more than 2 days and if yes, how does company policy overrule government laws, as stated by the manager that he/she can request medical documentation even if it’s for 1 day.

The manager needs to read the laws.

By TT laws you have to provide med cert exceeding two consecutive days.

Nothing in law says what the manger said about a 1 day cert, meaning it is not required.

If the manager persists, then let them provide their requirement in writing for 1 day cert or show the company policy document and then you get a lawyer to write to the manager

[Cantmis]

What's does the contract state pertaining to leave ?

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[MaxPower]

Frequent sick callers with their bogus “medical certificates” need to be fired to set an example.

The piss poor Trinidadian work ethic/etiquette has our discipline and productivity level where it is.

[Benfizz50]

What's does the contract state pertaining to leave ?

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It states about being absent when due to sick health the company cannot terminate the agreement and absent for more than 3 months.

And I would like to know which company has more say than the law of Trinidad and Tobago.